Zheng v. New York Presbyterian Lower Manhattan Hospital ( 2024 )

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED JIA JIA ZHENG, as Administrator of the Estate of DOC Tce EWAN LIU, DATE FILED:__ 5/16/2024 __ Plaintiff, -against- 24-CV-02136 (MMG) NEW YORK PRESBYTERIAN LOWER ORDER OF DISMISSAL MANHATTAN HOSPITAL et al., Defendants. MARGARET M. GARNETT, United States District Judge: “(SJubject matter jurisdiction is an unwaivable sine qua non for the exercise of federal judicial power.” Curley v. Brignoli, Curley & Roberts Assocs., 915 F.2d 81, 83 (2d Cir. 1990). Consistent with that proposition, Rule 12(h)(3) of the Federal Rules of Civil Procedure provides that “[i]f the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.” In this case, Defendants Charles B. Wang Community Health Center and Allan Ho, M.D. (the “Health Center Defendants”) removed this action from New York Supreme court. See Dkt. 1. Pursuant to a stipulation by Plaintiff and the Health Center Defendants, the United States of America was substituted as a defendant in place of the Health Center Defendants, and Plaintiff's claims against the United State of America were dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i1).. See Dkt. No. 13. Plaintiffs non-federal claims against Defendant New York Presbyterian Lower Manhattan Hospital remain. A review of the notice of removal and the complaint in this action reveals no basis for federal subject matter jurisdiction over the remaining claims. See Dkt. No. 1. Accordingly, the complaint is hereby REMANDED to New York Supreme Court without prejudice for lack of subject matter jurisdiction. Any pending motions are moot, and any conferences are canceled. The Clerk of Court is directed to close the case. Dated: May 16, 2024 New York, New York SO ORDERED. MARGARE Sant United States District Judge